HomeMy WebLinkAboutT-5169 - Agreement/Covenant - 8/30/2006 C
WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603 05/30/1006,10060111611
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V CITY OF FRESNO
Planning and Development Department
P.W. File No. 10761
JAF: 1930, 1938, 1956, 1968, 1980, 1992 North Forestiere.Avenue
5147, 5155 West Carmen Avenue
AGREEMENT FOR EARLY ISSUANCE OF MODEL HOME
BUILDING PERMITS TRACT NO. 5169
Agreement for Early Issuance v
of Model Home Building Permits
Tract No. 5169/UGM
Page 2
THIS AGREEMENT is made this 181h day of May , 2006, by and between the CITY OF
FRESNO, a Municipal Corporation, hereinafter referred to as the"City,"and KB Home South Bay
Inc., a California Corporation, hereinafter referred to as the "Developer," without regard for
number or gender.
RECITALS
A. The Developer owns real property situated in the County of Fresno, State of
California, hereinafter referred to as the "Subject Property" and more particularly described in
EXHIBIT"A,"attached hereto and made a part of this Agreement,which is generally located on the
south side of West McKinley Avenue between North Polk Avenue and North Cornelia Avenues.
B. The Developer hereby warrants that any and all parties having record title interest
in the Subject Property which may ripen into a fee have subordinated to this instrument; and all
such instruments of Subordination, if any, are attached hereto and made apart of this instrument.
C. The Developer has filed and the City of Fresno has approved, a Conditional Use
Permit(C-03-169)and Vesting Tentative Map No. 5169 for a Planned Development on the Subject
Property. Additionally, the Developer has filed a Final Map of Tract No. 5169 hereinafter referred
to as the "Final Map" pursuant to said Tentative Map, which will be presented for City Council
action.
D. The Developer is requesting the issuance of building permits to construct model
homes on the Subject Property prior to the approval and recording of the Final Map.
E. Such building permits will be issued and inspected in accordance with City of Fresno
codes and regulations.
d
Agreement for Early Issuance
of Model Home Building Permits
Tract No. 5169/UGM
Page 3
F. The Developer has filed building plans and has requested that the City issue building
permits for model homes on the portion of the Subject Property which correspond to the lots to be
created by the Final Map as follows:
Lot 39, 1930 North Forestiere Avenue
Lot 40, 1938 North Forestiere Avenue
Lot 41, 1956 North Forestiere Avenue
Lot 42, 1968 North Forestiere Avenue
Lot 43, 1980 North Forestiere Avenue
Lot 44, 1992 North Forestiere Avenue
Lot 55, 5155 West Carmen Avenue
Lot 56, 5147 West Carmen Avenue
G. The City is unwilling to permit such construction or inspect same without assurance
that no vested rights or entitlements will be conferred by the early issuance of such model home
building permits or by the acceptance of such construction upon inspection.
H. The Developer acknowledges that such improvements will be accepted by the City
only if they comply with all applicable City standards, codes, and ordinances, provided, and in no
case shall acceptance of such improvements be complete until the Final Map is approved by the
Fresno City Council and duly recorded.
I. Developer understands and acknowledges that the improvements described herein
shall be subject to acceptance or rejection by the City upon inspection thereof,and upon the terms
and conditions contained herein.
J. It is extremely important to the Developer that the building permits for the model
homes be issued as soon as possible.
K. The action for the approval of the Final Map by the City of Fresno is not expected
to be finalized for up to one hundred twenty (120) days.
Agreement for Early Issuance
of Model Home Building Permits
Tract No. 5169/UGM
Page 4
AGREEMENT
In consideration of the foregoing,the early issuance of building permits for the model homes
and the promises and covenants herein contained, the undersigned agree:
1. Should the City of Fresno fail to approve the Final Map for any reason within one
hundred twenty(120) days of the execution of this Agreement, the Developer shall, within ten (10)
days after written notice from the Director of the Planning and Development Department of the City
of Fresno, remove from the Subject Property any improvements or construction placed or
constructed pursuant to the building permits issued for the model homes; and Developer shall
restore the Subject Property to its prior condition.
2. Should the Developer fail to comply with the provisions of Paragraph 1 above, the
City of Fresno, or any of its duly authorized officers, employees or agents, are unconditionally
permitted to enter upon the Subject Property and accomplish such removal and restore the Subject
Property to its prior condition.
3. Should the City of Fresno cause such removal under the provisions of Paragraph
2 hereof,the Developer shall hold harmless and defend the City, its officers,employees and agents
from any claims, lawsuits, costs, liability, damages or expenses, including costs of suit and fees
and expenses for legal services, on account of any damages claimed by any reason to have
occurred by reason of such removal.
4. To assure the promises herein contained, the Developer shall deliver to the City of
Fresno the sum of One-Thousand ($1,000) per model home for a total amount of Eight Thousand
Dollars($8,000)evidenced by cash or a Certificate of Deposit made payable to the City of Fresno.
This deposit may be used by the City to defray all or part of the costs and expenses of removal with
any balance to be returned to the Developer. After the action by the City approving the Final Map
and the recording of that Final Map, the deposit will be returned to the Developer.
5. Any costs and expenses of removal exceeding the above stated amount of security,
which are stated in writing with a description of the Subject Property by an officer of the City, and
recorded in the County Recorder's office, shall be a lien on the Subject Property and
appurtenances running in favor of the City of Fresno.
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t
Agreement for Early Issuance
of Model Home Building Permits
Tract No. 5169/UGM
Page 5
6. The Developer has paid the fees and charges due as a condition of approval of this
Agreement for the model homes as follows:
Wastewater Facilities Charge
8 Lots @ $ 2,119 /Lot $ 16,952.00
Service Connection Charges - Water Meters per Lot
Lots 37-44 8 - 1" Meters @ $ 330 /each $ 2.640.00
Total Fees and Charges Due $ 19,592.00
7. The obligations of the Developer provided in this Agreement are joint and several.
8. This Agreement shall in no way whatsoever be construed as the granting by the City
of any rights to the Developer to trespass upon land rightfully in the possession of, or owned by,
another, whether such land be privately or publicly owned.
9. No vested rights or entitlements are conferred by the issuance of this early
construction permit or by acceptance of any improvements constructed thereunder.
10. The Developer agrees to indemnify, defend, and hold the City, its officers,
employees, and agents harmless from any claims,damages, liabilities or costs whatsoever arising
out of the performance of this Agreement.
11. The foregoing shall burden the Subject Property described and constitute a
covenant running with the land in favor of and for the benefit of the City of Fresno and its property;
be enforceable by the City by any legal or equitable means; and shall be binding upon the
successor, assigns, transferees, and heirs of the Developer. In the event the City Council
approves the Final Map and the Final Map is duly recorded,the foregoing deposit shall be returned
to the Developer and this Agreement shall be of no further force and effect.
' t
Agreement for Early Issuance
of Model Home Building Permits
Tract No. 5169/UGM
Page 6
CITY OF FRESNO, DEVELOPER:
a Municipal Corporation
KB Home South Bay Inc., a California
Corporation.
By By.
Ni Yovino, Director P. A. Dent, III Senior Vice-President
Plat!
la n' g and Development Department
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Interim City Attorney
Y ad'
bJ .
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of Fresno ss.
On 0-5— I'✓ 9—D( before me, �Gr c.y�! OG!/e,,-1 , No 2hc/ 6�,G
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared /—. A . 4)ems) �-
Name(s)of Signer(s)
„personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
” to the within instrument and acknowledged to me that
DAWN K.OIAIEN he/she/they executed the same in his/her/their
Goiml11111lon•14"M authorized capacity(ies), and that by his/her/their
Wow p signature(s) on the instrument the person(s), or the
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OI w* entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my nd and official seal.
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Place Notary Seal Above `, '�v v✓ZJ
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General [IPartner—[ILimited ❑ General
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact .Top or thumb Here
[I Trustee ElTrustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT A
Agreement for Early Issuance of Model Home Building Permits for Tract No. 5169
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP
13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN IN THE
UNINCORPORATED AREA, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THE EASTERLY 648.5 FEET.
ALSO EXCEPTING THEREFROM THE NORTH 30.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION IN THE GRANT DEED TO THE CITY OF
FRESNO, A MUNICIPAL CORPORATION, RECORDED APRIL 13, 1995, AS DOCUMENT NO.
90544842, OFFICIAL RECORDS.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On May 30, 2006, before me, Erika Leyva, Deputy City Clerk, personally appeared Nick P.
Yovino, Director Planning and Development Department, personally known to me (or proved
to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. NL JSCH
CITY CLERK
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